Company Note. The Company and the Preferred Holder shall have delivered to Parent the Company Note dated December 28, 2011.
Company Note. The Members have agreed to permit Sub restructure certain existing indebtedness owed to the Members by the Company in the principal amount of $300,000.00, into a thirty-six (36) month term loan bearing interest at a rate of five percent (5%) per annum, and otherwise evidenced by a subordinated promissory note in the form attached hereto as Exhibit C (the "Company Note"), to be delivered by Sub to the Members at the Closing.
Company Note. Stockholder hereby agrees to validly tender pursuant to and in accordance with the terms of the Offer to Purchase (as contemplated in the Merger Agreement), as soon as practicable after commencement but in no event later than the scheduled expiration date of the Offer to Purchase, all of the outstanding Company Notes beneficially owned by the Stockholder; provided in any event that the total consideration received by the Stockholder for each such Company Note (but, for the avoidance of doubt, not any related consent) is no less than the total consideration received by any other holder of Company Notes in respect of such Company Notes (excluding any related consents).
Company Note. Servicer shall make all appropriate record keeping ------------ entries with respect to the Company Note or otherwise to reflect the foregoing payments and adjustments pursuant to Section 3.2, and Servicer's books and ----------- records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on the Company Note at any time. Furthermore, Servicer shall hold the Company Note for the benefit of Originator, and all payments under the Company Note shall be made to the Servicer for the account of the applicable payee thereof. Originator hereby irrevocably authorizes Servicer to xxxx the Company Note "CANCELLED" and to return the Company Note to the Company upon the final payment thereof after the occurrence of the Transfer Termination Date.
Company Note. Concurrently with the issuance of the ------------ Bonds, the Company shall execute and deliver the Note, the form of which is attached hereto as SCHEDULE B (as amended or replaced from time to time, the "NOTE"). The Trustee, as holder of the Note, shall have the benefits of the Permit Agreements.
Company Note. Further to insure the attachment, perfection and first ------------ priority of, and the ability of the Lender to enforce, the Lender's security interest in the Company Note, the Company shall, on or prior to the Funding Date, endorse, assign and deliver the Company Note to the Lender, accompanied by such instruments of transfer or assignment duly executed in blank as the Lender may from time to time specify.
Company Note. Each Stockholder hereby agrees to validly tender pursuant to and in accordance with the terms of the Offer to Purchase (as contemplated in the Merger Agreement), as soon as practicable after commencement but in no event later than the scheduled expiration date of the Offer to Purchase, all of the outstanding Company Notes held of record and beneficially owned by such Stockholder; provided in any event that the total consideration received by the Stockholder for each such Company Note is no less than the total consideration received by any other holder of Company Notes in respect of such Company Notes.
Company Note. On the terms and subject to the conditions set forth in this Agreement, the Company agrees to pay to the Transferor the Purchase Price for the purchases to be made from the Transferor from time to time (i) partially in cash (to the extent that the Company has available cash) and (ii) partially by issuing a promissory note in the form of Exhibit B to the Transferor (such promissory note, as it may be amended, supplemented, endorsed or otherwise modified from time to time, together with all promissory notes issued from time to time in substitution therefor or renewal thereof in accordance with the Transaction Documents, collectively referred to herein as the “Company Note”).
Company Note. The Loan shall be evidenced by a Promissory Note in the ------------ principal amount of $2,000,000 (the "Company Note"), which shall be in the form of Exhibit "B" attached hereto. The Company agrees to make principal and interest payments under the Company Note directly to the Purchaser at its address set forth in Section 11.2 herein, or at such other address as the Purchaser may in writing so direct. If at maturity of the Note, the Company's leasehold interest in the Property has been extended for a period equal to or greater than five (5) years from the date of maturity of the Note, and the Company shall not have been in default under this Loan Agreement or the Note, then the outstanding balance of the Note shall be renewed for an additional twenty-eight (28) month period, at the interest rate set forth in the Note, with payments ammortized over a fifteen (15) year period. Provided that (i) in no event shall the term of the financing evidenced by this Loan Agreement exceed seven (7) years, and (ii) the loan shall at all times conform to the requirements of Title 74 Oklahoma Statutes, (S)869.
Company Note. Executive agrees to apply toward the payment of the Company Note to the extent necessary (i) all cash Consideration received in the Change of Control for his Common Units, and/or Options and any cash proceeds receive on any non-cash Consideration received in respect thereof and (ii) any severance or other termination payments to which Executive may become entitled under this Agreement or his Employment Agreement, including, without limitation, the Bonus payable under Section 5. To the extent that the any amount due under the Company Note remains unpaid after application of the preceding sentence, then Executive will remain liable to repay the full amount of any accrued and unpaid interest and up to 50% of the original principal amount of the Company Note in accordance with the terms of the Company Note.
